Rangiuia, re HC Wellington CRI 2008-035-797

[2010] NZHC 992

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI 2008-035-797

IN THE MATTER OF     the Sentencing Act 2002, s 68(2)(b) AND

IN THE MATTER OF     an application by Lindsay Walker of Levin, Probation Officer, for cancellation of the sentence of Community Work imposed on Kararaina Rangiuia

Hearing:         5 February 2010

Counsel:         K Grau for the Applicant

L Elder for the Prisoner

Sentencing:     5 February 2010

SENTENCING NOTES OF MILLER J

[1]      Before me is an application to cancel Ms Rangiuia’s sentence and substitute another.

[2]      On 27 March of last year I sentenced her to 200 hours community work on one charge of importing the Class C controlled drug pseudoephedrine.  She was also sentenced to 12 months supervision, with conditions.

[3]      That was a lenient sentence, which reflected Ms Rangiuia’s secondary role in the importation of a substantial quantity of a methamphetamine precursor.   She facilitated the importation but her assistance was not substantial and I found that she did not stand to benefit in any way.   Rather, she was duped by the co-offender Martin.  She also had the advantage of previous good character, and she not only had

four young children of her own but was about to give birth to a fifth.

R V RANGIUIA HC WN CRI 2008-035-797  5 February 2010

[4]      Ms Rangiuia was inducted at the Levin Community Work Centre on 9 April

2009, and directed to report each Friday for seven hours.  She completed 37 hours, leaving a balance of 163 hours.  She was convicted and discharged on 16 September for a breach, and on 17 September she failed to report.  She did not report since.  She also changed address without the prior approval of the probation officer.

[5]      When the application was called before me on 3 December 2009, Ms Elder stepped in and obtained an adjournment.   Regrettably, Ms Rangiuia has not made best  use  of  it.    Although  generally  compliant  with  supervision,  she  has  only completed a further five hours community work, and that despite repeated encouragement.   She says it is difficult to obtain childcare for her youngest child, who has health problems, and she had care of all her children over the Christmas period.   But she enjoys family support and she failed to make other arrangements with the Probation Service.

[6]      The application is made under ss 68(2)(b) and 71(1) of the Sentencing Act. The Court may cancel the sentence and substitute any other that could have been imposed at the time she was convicted of the offence for which the sentence was imposed.   When determining a substitute sentence, I must take into account the portion of the original sentence that remains to be served at this time.

[7]      There is no doubt that Ms Rangiuia has persistently failed to comply, and so has demonstrated that she is not presently suitable for community work.  Further, the bulk of the sentence remains to be served.  It is accordingly necessary to substitute an alternative sentence.

[8]      Community detention is recommended.  I agree;  it is necessary to hold her accountable for her part in a serious offence.  There is a suitable address.  Having regard to the original sentence and the amount already served, any sentence passed in substitution must be a modest one.  Little guidance is to be had from the sentences imposed on the co-offenders, who have quite different histories.  In my opinion the appropriate sentence is two months community detention.

[9]      Accordingly,  the  sentence  of  community  work  is  cancelled.     Instead  I

substitute a sentence of two months community detention.  The curfew address is 45

Keepa  Street,  Levin.    The  curfew  hours  are  7pm  to  7am,  seven  days  a  week, commencing 8 February 2010.

[10]     Ms Rangiuia if you breach again, you can expect to go to prison. [11]           You may stand down.

Miller

Solicitors:

Crown Solicitor’s Office, Wellington